L. D'Alterio Transport Pty Ltd

Incident description:

On 8 June 2010 a 57 year old worker sustained crush injuries after he was struck by a falling load of timber.

L. D'Alterio Transport Pty Ltd conducted a transport delivery business to various client workplaces within Queensland. It employed a number of transport delivery drivers.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.

The investigation findings presented to the court revealed:

• the defendant had no procedures in place for its truck drivers when attending client workplaces to deliver or pick up deliveries
• the defendant knew the unloading/loading was performed by workers associated with the other workplaces who operated mobile plant (forklifts)
• the defendant did not discuss with its drivers how they were to ensure safety during loading/unloading
• the defendant had not undertaken any risk assessment on the loading/unloading task.

Court result:

The defendant pleaded guilty in the Beenleigh Industrial Magistrates Court on 2 September 2011 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with no conviction recorded.

Industrial Magistrate Mr James McDougall ordered the defendant pay a penalty of $35 000 as well as investigation, professional and court costs totalling $2795.60.

In reaching a decision, the industrial magistrate acknowledged the defendant failed to ensure the safety of its drivers.

In deciding the penalty imposed, Industrial Magistrate McDougall took into account the defendant had not been prosecuted previously for any workplace health and safety breach, had been in continuous operation for nearly 60 years, was a small family owned company, cooperated with the investigation and entered an early plea of guilty.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When deciding on and implementing control measures associated with the risk of being struck by moving plant and objects, obligation holders should consider exclusion zones to isolate workers and other people from the risk of being struck by the load or objects falling from the vehicle.

Visit the Workplace Health and Safety Queensland website for more information on:

• health and safety information for transport and storage
• Guidelines for working around trucks - loading and unloading
• Road freight transport - loading and unloading vehicles
• forklift trucks
• managing risk
• employer training options
• training staff
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.